The senate met pursuant to adjournment. Mr. Crabb presented
the account of Thomas Davenport; which was referred to the committee
on accounts and claims. Mr. Crabb, from the select committee to
which was referred a bill to be entitled, an act to alter the
time of holding courts in the 5th judicial circuit and for other
purposes, reported that it is inexpedient to pass the bill at
the precent session; which was concurred in.

148

Mr. Jackson, from the select committee, to which was referred
a bill to be entitled, an act to regulate appointments by judges
of the county courts, and for other purposes, reported that it
is inexpedient to legislate on the subject embraced by the bill
at the present session, which was concurred in.

Mr. Brown, from the committee on accounts and claims, to which
was referred the accounts of Richard Cone & Co John Duncan,
jr. and Henry Center, against the Lafayette committee, reported
that, that the accounts are unreasonable, and ought not to be
allowed; which was concurred in.

Mr. Brown, from the same committee, to which was referred the
accounts of Pleasant Wright, jailor of Greene county, and Wm.
Murrah, jailor of Franklin county, reported that the accounts
are not made out, or attested, as required by law, and that they
ought not to be allowed; which was concurred in.

Mr. Brown, from the same committee to which was referred the
account of the solicitor of the 5th judicial circuit for prosecuting
certain slaves to conviction, and the account of John Randall,
sexton of Mobile, reported that there is no law authorizing the
payment of such accounts, to be made out of the state treasury;
and that they therefore should not be allowed - which was concurred
in.

A message from the House of Representatives by Mr. Tunstall:
Mr. President - The house of representatives insist on their amendment
to the bill entitled an act to establish a road from Elyton to
Montevallo, by reducing the tolls.

They concur in the amendments made by your honorable body to
the bill entitled, an act to prohibit the importation of slaves
into the State for sale or hire.

Ordered, that the Senate recede from their disagreement to
the amendments made by the House of Representatives to the bill
entitled an act to establish a road from Elyton to Montevallo.

Ordered that the Secretary inform the House of Representatives
thereof.

Ordered, that the bill entitled an act to increase the capital
stock of the bank of the state of Alabama lie on the table.

Mr. Jackson, from the committee on the judiciary, to which
was referred a bill to be entitled an act more effectually to
enable the president and directors of the bank of the state of
Alabama to judge of the solvency of applicants for discounts at
said bank, reported the same as amended; which was concurred in.
The bill was then read a third time and passed. Ordered that the
title be as aforesaid, and that it be reported to the House of
Representatives for concurrence.

A joint resolution approving the amendment proposed by the
state of Tennessee to the constitution of the United States, was
read the second time.

Mr. Jackson, from the committee on schools and colleges, and
school and college lands to which was referred the repot of the
trustees of the university and documents relating thereto, asked
to be discharged from the further consideration thereof the same
having been acted on by bill which originated in the House of
Representatives; which was agreed to.

A bill to be entitled an act to raise a revenue until otherwise
altered by law was read the second time; on motion, the Senate
resolved itself into a committee of the whole on said bill, Mr.
Shackleford in the chair, and after some time spent in the consideration
thereof, the committee rose, Mr. President resumed the chair,
and Mr. Shackleford reported, the bill with sundry amendments,
which were concurred in. Mr. Crabb moved further to amend the
bill by striking out "50 cents" the tax on silver and
other watches, and insert in lieu thereof "25 cents";
which was carried Mr. Abercrombie moved to strike out "65
cents" the tax on slaves over ten and under seventy years
of age and insert in lieu thereof "50 cents" A division
of the question being called for, it was taken on striking out
alone, and determined in the affirmative - Yeas 9, Nays 7.

The Yeas and Nays being desired those who voted in the affirmative,
are Mr. President, Abercrombie, Ashe, Casey, Jackson, Irwin, Jones,
Miller and Skinner.

Those who voted in the negative are,

149

Mr. Brown, Crabb, Gaines, McCamey, Powell, Shackleford, Sullivan.

Mr. Jackson moved to fill the blank created by striking out
'65 cents,' with '60 cents' as the tax on slaves over ten and
under seventy, which was lost.

Mr. Jackson then moved to fill the blank with fifty nine cents,
which was lost. Yeas 7- Nays 9.

The yeas and nays being desired, those who voted in the affirmative
are, messrs Crabb, Gaines, Jackson, McCamey, Powell, Shackleford,
and Sullivan- 7.

Mr. Shackleford moved to fill the blank with '56 1 4 cents'
as the tax on each slave over ten and under seventy years of age;
which was carried.

Mr. Abercrombie moved further to amend the bill by striking
out '20 cents' the tax on each slave under ten years of age, and
insert in lieu thereof '15 cents;' which was carried.

Mr. Sullivan moved to strike out that part of the bill which
requires the clerks of the county courts to pay the taxes on tavern
licenses &c. to the tax collectors, to be paid into the state
treasury, with a view to provide that the same shall be paid into
the county treasuries; which was lost. Yeas 8- Nays 9.

The yeas and nays being desired, those who voted in the affirmative,
are

Mr. Miller moved to amend the bill by striking out 'one dollar,'
the tax on clocks, the words of which are, 'made of metal,' and
by inserting in lieu thereof '50 cents;' which was lost.

Mr. Shackleford moved to strike out 'one dollar' the tax on
every hundred dollars value of pleasure carriages and insert in
lieu thereof '50 cents,' which was carried.

Mr. Jackson moved to amend the bill, by striking out "twelve
months," the time within which a person whose real estate
is sold for taxes, may redeem the same; and by inserting in lieu
thereof 'two years;' which was carried.

The rule requiring bills to be read on three several days being
dispensed with, the bill was read the third time as amended, and
passed. Ordered, That the Secretary acquaint the house
of representatives therewith.

Mr. Powell presented the account of Edward Sims, William G.
Parish, and John L. Tindall, which was referred to the committee
on accounts and claims.

A message from the House of Representatives by Mr. Tunstall:
Mr. President - The house of representatives have passed a resolution,
authorizing the money of the university now in the treasury, to
be vested in state stock, which originated in the senate, and
have amended the same as herewith shewn; in which they desire
your concurrence. Ordered, That the senate concur in said
amendments, and that the secretary notify the house thereof.

A message from the House of Representatives by Mr. Tunstall:
Mr. President - The house of representatives have passed a resolution,
instructing our Senators and Representatives in Congress on the
subject of authorizing the sale of sections No. 16, reserved for
the use of schools in this state, and have amended the same as
herewith reported. Ordered, That the Senate concur in the amendment
to said resolution.

Mr. Powell, from the joint committee on enrolled bills, reported
as correctly enrolled, an act to pay officers for taking prisoners
from one county to another in this state; an act to amend an act
entitled an act for the more effectual preservation of personal
liberty; an act to revive a certain act herein named: a memorial
to the Congress of the United States, asking permission for the
trustees of the University of Alabama to select other lands in
lieu of those herein described.

150

an act to exempt the members of the hook and ladder company
in the city of Mobile from militia and patrol duty, and for other
purposes; an act amendatory to an act passed on the 14th January,
1826, entitled an act to authorize William H. Ragsdale, and his
associates to turnpike a road therein specified: an act to require
additional services to be performed by the judge of the first
judicial circuit in this state: an act to repeal in part an act
entitled an act to appoint commissioners to lay out two roads
leading from the ford on line creek, the one to Coffeeville, the
other to Tuscaloosa, passed Dec'r. 31, 1822: an act to repeal
an act incorporating the town of Rodney in Washington county;
an act to reduce into one the several acts concerning roads, bridges,
ferries, and highways: an act to establish the permanent seat
of justice in Walker county: an act to incorporate the mobile
marine railway and insurance company.

Resolutions, instructing our senators and requesting our representatives
in congress to use their endeavors to procure an equal extension
of the national judiciary system to the western and south western
states of the union: an act authorizing the adm'r of Samuel Greenlee
to transfer the certificates to the lands hereinafter mentioned;
an act to authorize the Intendant and Town Council of Montgomery
to hold their meetings in the court house of Montgomery county:
an act supplementary to the several acts heretofore passed, granting
to Abraham Stout and his associates, the privilege of opening
a turnpike road, commencing at or near John Gandy's in Morgan
county, to intersect the old Huntsville road at or near Elyton
in Jefferson county; an act to define the boundary line between
Shelby and Autauga counties: an act to authorize Abraham Smith
and his associates, to erect a mill on Coosa river: an act to
make compensation to the commissioners to close the unsettled
accounts between this state and Mississippi, and for other purposes:
an act to alter the time of holding the count courts in the counties
of Tuscaloosa, Lawrence and Limestone: an act to incorporate the
Rocky mount academy in Autauga county: Resolution to remove the
injunction of secresy imposed on the joint committee appointed
to examine the state bank: an act amendatory to an act entitled
an act to class and fix the price of the University lands; an
act to organize the 12th regiment of militia in St. Clair county:
an act for the relief of Grantland & Robinson: an act to authorize
the judge of the county court and commissioners of roads and revenue
of the county of Shelby to alter a certain road therein named:
an act providing for the compensation of B. B. Breedin: an act
amendatory of the laws now in force on the subject of bail in
civil cases: an act to incorporate the town of Pikeville: an act
to establish a road from Montevallo to Greensborough: an act to
authorize Edward Calvert to sell and convey a certain land certificate:
an act to authorize a levy of a county tax for the county of Covington:
and, an act supplementary to the several acts now in force, 1st
passed 31st Dec'r. 1822, and the 2d, 24th Dec'r. 1824, all of
which were accordingly signed by Mr. President.

A message from the House of Representatives by Mr. Tunstall.

Mr. President - The House of Representatives concur
in the amnedments made by the Senate to bills entitled an act
to amend an act concerning the town of Tuscumbia; an act concerning
the sixteenth section herein mentioned; an act to vest in the
county court of Covington county the powers heretofore exercised
by the commissioners of said county, and for other purposes. They
have adopted the following resolution, in which they desire your
concurrence: Resolved, that a committee be appointed on the part
of this House, to act with such committee as may be appointed
on the part of the Senate, to wait on his Excellency the Governor,
and inform him that the two houses of the General Assembly will
be ready to adjourn sine die if he has no further communications
to make. They have read three times and passed, resolutions relative
to the militia laws of this state; which originated in the Senate.

151

Ordered, that the Senate concur in the resolution from
the House of Representatives appointing a committee on their part
to act with such committee as may be appointed on the part of
the Senate to wait on the Governor, and inform him that the two
houses of the General Assembly will be ready to adjourn sine
die to-morrow, if he has no further communications to make:
whereupon Messrs. Sullivan, Gaines and Jackson were appointed
the committee on the part of the Senate.

Mr. Shackleford called up the bill to be entitled an act to
authorize the school commissioners of the 17th township of range
13, to lease the 16th section in said township, and offered an
amendment to the same by way of rider, which was read three several
times, and adopted. The bill was then passed. Ordered, that
it be returned to the House of Representatives.

Mr. Brown called up the bill entitled an act to authorize John
Smith of Jefferson county to emancipate a slave therein named.
Ordered, that it be referred to a select committee, consisting
of Messrs. Brown, Miller and Ashe, to consider and report thereon.

The memorial to the Congress of the United States on the subject
of a donation to the La Fayette academy in the village of La Grange,
was read the third time and passed- Yeas 9, nays 8.

Mr. President- The House of Representatives have passed
a bill which originated in their House, entitled an act to secure
additional lots for the erection of the state capitol, and provide
compensation for the site thereof: in which they desire your concurrence.

And then then the Senate adjourned till 3 o'clock this evening.

3 o'clock P. M. The Senate met.

A bill to be entitled an act to secure additional lots for
the erection of the state capitol, and provide compensation for
the site thereof, was read the first time, and ordered to a second
reading to-morrow.

A bill to be entitled an act to establish certain election
precincts therein named, was read the third time, amended by way
of rider, and passed.

Ordered, that it be returned to the House of Representatives.

A resolution for the preservation of the public arms of this
state, was read the second and third time and passed.

Mr. Gaines called up the bill entitled an act for the relief
of Daniel Coleman of Washington. The question was then put, shall
the bill pass? and determined in the affirmative. Ordered, that
it be returned to the House of Representatives.

A bill to be entitled an act to authorize Martha Brandon, adm'x
of of Josiah K. Brandon, deceased, to sell and convey certain
lots in Tuscaloosa, was read the third time and passed. Ordered,
that it be returned to the House of Representatives.

A bill to be entitled an act to repeal in part and amended
an act entititled an act to amend the charter of the Bank of the
State of Alabama, was read the second time, and ordered to be
engrossed for a third reading to-morrow.

152

A message from the House of Representatives by Mr. Tunstall.

Mr. President - The House of Representatives concur
in the amendments made by the Senate to bills entitled an act
to raise a revenue for the support of government until otherwise
altered by law; and an act to authorize the school commissioners
of the 17th township of range 13 to lease the 16th section in
said township.

Joint resolution approving the amendment proposes by the state
of Tennessee to the constitution of the United States, was read
the second time, and ordered to a third reading to-morrow.

Mr. Bagby offered the following resolutions:

Resolved, as the opinion of this General Assembly, that
it is incompatible with that purity of character which ought to
distinguish the representatives of a free, intelligent and virtuous
people, for the members of either branch of the national legislature
to accept of executive appointments during the time for which
they have been elected, thereby subjecting themselves to the imputation
of intrigue, corruption and bribery.

Resolved, that it is unwise, impolitic, and vitally
destructive of the essential rights and interests of the people
of the southern states to elevate to the office of president of
the United States any individual friendly to the imposition of
high tariff duties, or who is in favor of encouraging the labor
and industry of one portion of the country at the expense of another.

Resolved, that we disapprove of that spirit of distrust,
jealousy and disaffection which has been manifested in different
parts of the united States towards the constituted authorities
of the federal government, as being calculated to disturb our
national harmony, to weaken the bonds of our union, and to diminish
the high estimation in which we are held by other nations.

Resolved, that we look upon party spirit as the bane
of free government, and of social order; and that the lasting
security and ultimate prosperity of the great invaluable political
privileges which we have derived from our ancestors depend upon
that indissoluble union which alone can render us one people.

Resolved, that these resolutions are not intended to
case injurious imputations upon great and talented men who prefer
just claims to their country's favor; but to preserve in their
primitive purity those great principles of free government which
were consecrated by the labor of the sages, and sealed by the
blood of the heroes of the revolution.

Mr. Casey moved that the resolutions lie on the table till
the first day of the next session; which was carried- Yeas 12,
nays 6.

The yeas and nays being desired, those who voted in the affirmative
are, Messrs, Abercrombie, Ashe, Casey, Crabb, Gaines, Irwin, Jones,
McCamy, Miller, Skinner, Shackleford and Sullivan. Those who voted
in the negative are, Mr. President, Bagby, Brown, Jackson, Merriwether
and Powell. And then the Senate adjourned till 7 o'clock this
evening.

7 o'clock p.m. The Senate met pursuant to adjournment.

Mr. Gaines, from the committee on propositions and grievances
to which was referred a resolution of the Senate, reported, a
bill to be entitled an act for the relief of William B. Allen;
which was read the first time. Mr. Sullivan moved that the rule
which requires bills to be read on three several days be dispensed
with, and that the bill be read the second time forthwith; which
was lost-Yeas 8, Nays 6, a majority of four-fifths being necessary.

The yeas and nays being desired - Those who voted in the affirmative
are

Mr. Jackson moved that the bill lie on the table; which was
lost - Yeas 5, Nays 7.

The yeas and nays being desired- those who voted in the affirmative
are Mr. President, Ashe, Jackson, Jones and Merriwether. Those
who voted in the negative are messrs. Brown, Gaines, Irwin, McCamy,
Miller, Skinner and Sullivan. Ordered, that the bill be read the
second time to morrow.

A message from the House of Representatives by Mr. Tunstall.

Mr. President- The House of Representatives concur in the amendments
by the senate to the bill entitled an act to establish certain
election precincts therein named. And then the Senate adjourned
till to-morrow morning at 7 o'clock.